JONES,LOU, LANG, SMITH,MICHAEL, DELGADO, HAMOS, HARRIS AND PUGH.
Synopsis of Bill as introduced:
Amends the Criminal Code of 1961. Exempts from an eavesdropping
violation, electronic video and audio recordings made of a custodial
interrogation of an individual by a law enforcement officer who
complies with specified standards of conducting the interrogation.
Amends the Code of Criminal Procedure of 1963 and the Juvenile Court
Act of 1987. Provides that no oral, written, or sign language
statement of an accused made as a result of a custodial interrogation
shall be admissible as evidence against the accused in a prosecution
for homicide offenses or certain sex offenses unless an electronic
video and audio recording is made of the statement and the accused is
given specified warnings. In the case of an accused under 17 years of
age at the time of the offense and subject to the Juvenile Court Act,
these requirements apply in cases of non-probationable felonies.
Provides for certain warnings to be received before written statements
of the accused are admissible. Establishes exceptions.
STATE MANDATES NOTE (Dept. of Commerce and Community Affairs)
HB 4697 creates a due process mandate for which reimbursement
of the increased costs to units of local government is not re-
quired under the State Mandates Act. An estimate of the cost to
units of local government is not available at this time.
PENSION NOTE, H-AM 1 (Pension Laws Commission)
This legislation would not affect the accrued liabilities or
annual cost of any Illinois public pension fund or retirement
HOUSING AFFORDABILITY NOTE, H-AM 1 (Housing Development Auth.)
There would be no fiscal effect on constructing, purchasing,
owning or selling a single-family residence.
BALANCED BUDGET NOTE, H-AM 1 (Bureau of the Budget)
Since this legislation is not a supplemental appropriation
bill, the Balanced Budget Note Act is inapplicable.
STATE MANDATES NOTE, H-AM 1
(Department of Commerce and Community Affairs)
Same as previous State mandates note. In addition, the bill
amends the State Mandates Act to provide that no reimbursement
by the State is required for the implementation of any mandate
created by this bill.
HOME RULE NOTE, H-AM 1
(Department of Commerce and Community Affairs)
This legislation does not contain language indicating a
pre-emption of home rule powers and functions.
STATE DEBT NOTE, H-AM 1 (Economic and Fiscal Commission)
This legislation would not affect the bonding authorization
of the State, and, therefore, has no direct impact on the level
of State indebtedness.
CORRECTIONAL NOTE, H-AM 1 (Dept. of Corrections)
There would be no corrections population or fiscal impact.
JUDICIAL NOTE, H-AM 1 (Administrative Office of Ill. Courts)
HB 4697 may increase judicial workloads; however, it is not
possible to determine whether the bill would increase or de-
crease the number of judges needed in the state.
FISCAL NOTE, H-AM 1 (Illinois State Police)
There would be a fiscal impact on the Ill. State Police of
approximately $950,000 relating to equipment acquisition.
ISP would incur an undetermined additional amount related to
capital expenditures which would be necessary to modify
existing structures to comply with the Act, as well as unde-
fined costs associated with officer training.
HOUSE AMENDMENT NO. 1.
Adds reference to:
20 ILCS 3930/7.5 new
50 ILCS 705/10.2 new
Deletes everything. Reinserts the provisions of the bill with the
following exceptions. Provides that the custodial interrogation
requirements apply only to those custodial interrogations conducted at
a police station or other place of detention. Provides that statements
made by a suspect at a custodial interrogation conducted in violation
of the requirements established in the bill are presumed to be
inadmissible unless it is shown by clear and convincing evidence that
the statements were voluntary and reliable. Deletes provision that
provides that in a case where a question is raised as to the
voluntariness of the suspect's statement, the court must make an
independent finding in the absence of the jury as to whether the
statement was made under voluntary conditions. Adds various
additional exceptions of statements that are admissible in the absence
of videotaping of the interrogation. Provides that interpreters for
deaf suspects must be certified by the Registry of Interpreters for
the Deaf. Amends the Illinois Police Training Act. Provides that the
Illinois Law Enforcement Training Standards Board must conduct a
training program for police officers on the methods and technical
aspects of videotaping interrogations. Amends the Illinois Criminal
Justice Information Act. Provides that the Illinois Criminal Justice
Information Authority, from appropriations made to it for that
purpose, shall make grants to local law enforcement agencies for the
purpose of purchasing equipment for video and audio recording of
interrogations. Amends the State Mandates Act. Exempts provisions of
the bill from the reimbursement requirements of the State Mandates
Act. Effective 2 years after becoming law, except that the grant
program for the purchase of equipment to video and audio record
interrogations, the training program, grant program, exemption from
the State Mandates Act, and the amendatory changes to the
eavesdropping exemption take effect immediately.
Last action on Bill: SESSION SINE DIE
Last action date: 01-01-09
Amendments to Bill: AMENDMENTS ADOPTED: HOUSE - 1 SENATE - 0
END OF INQUIRY
Full Text Bill Status